The finance ministry has drafted a fresh bilateral investment protection treaty that would keep taxation measures and issuance of compulsory licences for intellectual property rights out of the sphere of arbitration while preventing foreign investors to drag India to arbitration for any dispute that has already been settled by the courts.
One of the most striking features of the draft model is its jettisoning of the fair and equitable treatment standard in favor of a standard — egregious or outrageous behaviour — that hearkens back to legal touchstones of an earlier era.
Washington International Trade Association | 25-Mar-2015
Former US judge, arbitrator and president of the International Court of Justice says the ISDS system, currently under attack, reflects US law and enforces US leadership and therefore should be preserved.
The Board of Investment is working on Pakistan’s own template of a bilateral investment treaty, which will replace the existing treaties with different countries. And all the future ones will be negotiated on the new template.
Pakistan has rejected the United States’ proposed draft of a Bilateral Investment Treaty (BIT) between the two countries, saying the acceptance of the US template would carry ‘dangerous obligations’ for the country.